The Supreme Court has issued instructions to ensure provision of toilets for women, disabled and transgenders in the courts and tribunals of the country. The Supreme Court said that all High Courts should follow the guidelines within four months. SC said that toilet/washroom/restroom is not just a matter of convenience, but a basic necessity which is an aspect of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
‘High Courts and State Governments/Union Territories shall ensure creation and availability of separate toilet facilities for men, women, persons with disabilities and transgender persons in all court premises and tribunals across the country,’ Supreme Court tells courts . High Courts will ensure that these facilities are clearly identifiable and accessible to judges, lawyers, litigants and court staff.
The SC said that for the above purpose, a committee will be constituted in every High Court under the chairmanship of a judge nominated by the Chief Justice. Its members will be the Registrar General/Registrar of the High Court, Chief Secretary, Public Works Secretary and Finance Secretary of the State, representatives of the Bar Association and other officers. This committee will be constituted within a period of six weeks. The committee will formulate a comprehensive plan, do the following and ensure its implementation.
Lack of toilets in courts! Supreme Court gave these instructions
- The court said that maintaining data of the number of people coming to the courts on an average every day and ensuring that adequate separate toilets are provided and maintained.
- To survey the availability of toilet facilities, infrastructure deficiencies and their maintenance, demarcate existing toilets and assess the need to convert existing toilets to meet the above mentioned categories of need.
- Providing alternative facilities like mobile toilets during construction of new toilets, providing eco-friendly toilets (bio-toilets) in courts like in Railways.
- For women, transgender persons, persons with disabilities, provide functional facilities as well as clear signs and signals, such as provision of water, electricity, operating flushes, hand soap, napkins, toilet paper and up-to-date plumbing systems.
- Lastly, for toilets for persons with disabilities, ensure the installation of ramps and ensure that the toilets are designed to accommodate them.
- Do a study on how to maintain architectural integrity with respect to heritage court rooms like Mumbai, Calcutta, Chennai etc.
- Working with existing facilities using underutilized spaces to create toilets, modular solutions to work around outdated plumbing systems, engaging professionals to assess solutions to modernize sanitation facilities.
- Enforcing a mandatory cleaning program and sensitizing users on hygienic toilet practices as well as ensuring staff to maintain clean and dry bathroom floors.
- To ensure regular maintenance of toilets by outsourcing them to professional agencies on contract basis, by employing modern cleaning methods and machinery to ensure better hygiene and usability.
- A system should be put in place in which the functionality of these toilets is inspected from time to time and a specific compliance report is submitted to the person in charge.
- A complaint/redressal system should be created for prompt reporting of defective toilets and their immediate repair. It should be ensured that sanitary pad dispensers in women, disabled and transgender toilets are functional and in stock.
- A person may be specifically designated or appointed as Nodal Officer in each premises of the High Court/District Court/Civil Court/Tribunal to monitor the maintenance, resolve complaints and communicate with the Presiding Officer or appropriate committee. .
- Such authority should resolve the complaints and give permanent instructions in writing regarding the maintenance and functioning of the said toilets. There should be a transparent and separate fund for the construction and maintenance of toilets in court premises.
- Family Court premises should have child-safe toilets, staffed by trained staff, who are equipped to provide a safe and hygienic space for children.
- Provide separate rooms (connected to women’s toilets) for lactating mothers or mothers with infants, with feeding stations and napkin changing facilities.
- Considering inclusion of breastfeeding facilities to assist lactating mothers, the High Court may create a grading system for District Courts and other Courts/Forums under its supervision to develop and maintain the quality of care.
- Adequate funds will be provided for construction, maintenance and cleaning of toilet facilities in the court premises, which will be reviewed from time to time in consultation with a committee constituted by the High Courts.
- A status report will be filed by all High Courts and States/Union Territories within a period of four months.
